Illinois General Assembly - Full Text of Public Act 095-0590
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Public Act 095-0590




Public Act 095-0590
HB1611 Enrolled LRB095 08901 DRJ 29088 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 35 and 45 as follows:
    (210 ILCS 9/35)
    Sec. 35. Issuance of license.
    (a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
        (1) that the individual applicant, or the corporation,
    partnership, or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of an
    establishment by virtue of financial capacity, appropriate
    business or professional experience, a record of lawful
    compliance with lawful orders of the Department and lack of
    revocation of a license issued under this Act or the
    Nursing Home Care Act during the previous 5 years;
        (2) that the establishment is under the supervision of
    a full-time director who is at least 21 years of age with
    ability, training, and education appropriate to meet the
    needs of the residents and to manage the operations of the
    establishment and who participates in ongoing training for
    these purposes;
        (3) that the establishment has staff sufficient in
    number with qualifications, adequate skills, education,
    and experience to meet the 24 hour scheduled and
    unscheduled needs of residents and who participate in
    ongoing training to serve the resident population;
        (4) that direct care staff meet the requirements of the
    Health Care Worker Background Check Act;
        (5) that the applicant is in substantial compliance
    with this Act and such other requirements for a license as
    the Department by rule may establish under this Act;
        (6) that the applicant pays all required fees;
        (7) that the applicant has provided to the Department
    an accurate disclosure document in accordance with the
    Alzheimer's Special Care Disclosure Act and in substantial
    compliance with Section 150 of this Act.
    Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections Section 40 and 45. Each
license shall be issued only for the premises and persons named
in the application, and shall not be transferable or
(Source: P.A. 93-141, eff. 7-10-03.)
    (210 ILCS 9/45)
    Sec. 45. Renewal of licenses. At least 120 days, but not
more than 150 days prior to license expiration, the licensee
shall submit an application for renewal of the license in such
form and containing such information as the Department
requires. If the application is approved, and if the licensee
(i) has not committed a Type 1 violation in the preceding 24
months, (ii) has not committed a Type 2 violation in the
preceding 24 months, (iii) has not had an inspection, review,
or evaluation that resulted in a finding of 10 or more Type 3
violations in the preceding 24 months, and (iv) the licensee
has not admitted or retained a resident in violation of Section
75 of this Act in the preceding 24 months, the Department may
renew the license for an additional period of 2 years. If a
licensee whose license has been renewed for 2 years under this
Section subsequently fails to meet any of the conditions set
forth in items (i), (ii), and (iii), then, in addition to any
other sanctions that the Department may impose under this Act,
the Department shall revoke the 2-year license and replace it
with a one-year license until the licensee again meets all of
the conditions set forth in items (i), (ii), and (iii) the
license shall be renewed for an additional one-year period. If
appropriate, the renewal application shall not be approved
unless the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Special
Care Disclosure Act. If the application for renewal is not
timely filed, the Department shall so inform the licensee.
(Source: P.A. 91-656, eff. 1-1-01.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/10/2007